Premises Liability Attorneys Clayton, MO
Clayton, MO Personal Injury Law Firm
Call 866-382-4167 for a No-risk, No-obligation Case Evaluation | Clayton, MO Slip and Fall Attorneys
Premises liability attorneys in Clayton, MO. Anyone who owns or operates a property in Clayton, MO has a duty to take reasonable steps to prevent people who enter the premises from becoming hurt. But too often, they neglect that duty, and innocent people are injured through no fault of their own. If you or a loved one was injured on public or private property, you need dedicated Clayton, MO premises liability attorneys to fight for your rights. At Halvorsen Klote, our attorneys are committed to offering injury victims the same excellent legal advocacy as large corporations and insurance companies. We fight for the injured in both Missouri and Illinois, and fight hard to see our clients get the justice and recognition they deserve. Call our premises liability attorneys today 866-382-4167 or fill out our online form for a no-risk, no-obligation case evaluation.
What Are the Premises Liability Laws in Missouri and Illinois?
The laws in each state are largely similar: A property owner has a duty to inform people of or fix a "dangerous condition" they either knew of or should have been aware of through reasonable care. If they don't, they can be held liable for any injuries suffered as a result of the poorly maintained property.
The states do differ in one very important way, and it concerns the duty of care property owners must give different kinds of visitors.
Types of Visitors in Clayton, MO Premises Liability Cases
The law distinguishes between invitees, licensees and trespassers:
- Invitees — A business invitee is someone who is on the property to benefit themselves and/or the proprietor. This can be people dining at a restaurant or someone shopping in a grocery store. Invitees can also be considered people on property the public is allowed to be on, for example recreational areas or a library. Those in control of the property can be held accountable for an invitee's injuries caused by hazards they knew about or should have known about.
- Licensees — A licensee is someone who is on the property with the owner's permission, but there is no express financial benefit to either of them. This can mean a friend coming over for dinner, but the law might apply to someone who came into an establishment just to use the restroom. In Illinois, there is no legal distinction between invitees and licensees. In Missouri, property owners are only liable for hazards they knew about – not ones they "should have known about.
- Trespassers — Trespassers are on the property illegally. Because of that, they do not have the same rights as the first two categories, meaning they can't sue the property owner to get compensated for their injuries. There are two exceptions:
- Under the Illinois Premises Liability Act and Missouri Revised Statute §537.349, property owners are not immune from liability if they acted with "willful and wanton conduct." Meaning, if the owner intentionally created or allowed a danger to exist because they wanted trespassers to get hurt, they can still be held liable.
- Under the attractive nuisance doctrine, a child who is trespassing may be considered an invitee. An "attractive nuisance" is something that is likely to attract children. Examples could be swimming pools, trampolines or power tools. In this instance, the family of the child may still make a claim against the property owner or manager for the child's injuries.
Proving Your Premises Liability Claim in Clayton, MO
With all personal injury claims, you must demonstrate how the four elements of negligence apply to your injuries:
- Duty of care — Did the landowner have a responsibility to prevent unreasonable risks of injury? The extent of the property owner's or manager's duty of care depends on what kind of visitor you are and your jurisdiction. Generally, anybody who is allowed to be on the property is owed a duty of care.
- Breach of duty — If they fail in their duty, that constitutes a violation of that obligation. That could mean not mopping up a wet spot on the floor, or not roping off a area of the property that isn't safe.
- Causation — Did the hazardous condition directly cause your injuries? If you fell because you were running, you may not have a valid claim against the property owner. Similarly, if you didn't notice warning signs because you were looking at your phone, you might not have a valid claim.
- Damages — In order to make a claim, you need to show that you suffered injuries, loss and other expenses. Usually, you need to show financial harm, such as lost wages and medical bills, to get compensation for how the injury impacted you physically and mentally. If you sustained a bruise, but had no expenses due to your injury, you likely do not have enough to make a case.
Halvorsen Klote's Clayton, MO premises liability attorneys have proven numerous premises liability claims. If you have any doubts about the validity of your claim, or have questions about filing a personal injury lawsuit, call one of our attorneys at no charge at 866-382-4167.
Most Common Premises Liability Lawsuit in Clayton, MO
Slip and Falls
Falling is the number one most common nonfatal preventable injury. Slip and falls are responsible for over one million emergency room visits a year, and are the number one reason people need to lose days from work.
Slip and falls can be caused by:
- Slippery floors
- Broken staircases, handrails or floors
- Ice or snow
- Loose wiring
- Uneven flooring, rugs or carpeting
Inadequate Security often occurs in apartment buildings, offices or hotels. The owners of these properties must take reasonable steps to ensure that dangerous people don't have access to the building, or certain areas of it. Examples of adequate security could include security guards or needing a code to enter the premises. Typically, lawsuits for inadequate or negligent security occur after someone being injured due to a violent crime. While the criminal justice system may secure a conviction of the offender, you'll typically need to file a civil lawsuit – with the assistance of premises liable attorneys – against a property owner in order to get justice in the form of financial compensation.
Swimming Pool and Amusement Park Accidents
Swimming pool accidents usually happen to children. Drowning is the primary cause of death to children between the ages of one and four. Public swimming pools must have lifeguards, and barriers and lifejacket rules should also be in place to help protect children.
In 2016, more than 30,000 people went to the emergency room for injuries suffered at amusement parks. Injuries can be caused by mechanical issues, operator error, collisions, ride ejections, electric shocks structural issues. Anybody who operates a theme park must ensure that the rides are properly designed, maintained, inspected and repaired. If you were injured because of their negligence, our Clayton, MO premises liability attorneys will hold them accountable.
Fire and Smoke Injuries
Local Clayton, MO laws are strict when it comes to fire codes for all types of properties. Fires can cause terrible injuries and lifelong scarring, and even the inhalation of smoke can create substantial health risks. If a property owner did not adhere to local fire codes, your Clayton, MO premises liability lawyers at Halvorsen Klote can hold them liable for any injuries you sustain. Liability can occur because of a variety of factors, from blocked exits to missing or broken sprinkler systems.
Construction sites must be coned or roped off with sufficient warning signage. If you were injured in a construction site accident in a slip and fall, car accident or by falling debris because the site was dangerous, you can hold the construction company liable for your injuries.
However you suffered your injuries, if you were injured because a property owner or manager did not keep their property safe, call Halvorsen Klote's Clayton, MO premises liability attorneys for the best possible compensation you're entitled to.
How Much Are My Clayton, MO Premises Liability Injuries Worth?
The value of your claim depends on the economic, physical and emotional toll your injuries cause. With knowledgeable Clayton, MO premises liability attorneys, you'll be compensated for:
- Medical expenses
- Lost wages from time spent recovering
- Lost earning capacity if you can no longer work
- Out-of-pocket expenses, such as transportation to and from medical appointments
- Noneconomic damages like pain and suffering, emotional distress, disability, scarring and loss of consortium
How much your premises liability injuries are worth depends largely on how serious your injuries are, the impact they've had on your life and the abilities of your Clayton, MO premises liability attorneys.
What Our Clayton, MO Premises Liability Attorneys Can Do For You
Given the complex nature of litigation and premises liability laws, the role of a lawyer is crucial. Your Halvorsen Klote premises liability attorneys will:
- Investigate the accident and develop a legal strategy that gets you the most compensation possible
- Gather evidence, including maintenance reports, inspections, proof of any previously files complaints and/or surveillance footage
- Interview witnesses, employees or others who may have knowledge of the dangerous condition
- Be available whenever you need us to be and answer any question you may have
- Handle all the legal aspects of your claim so you can focus on your physical recovery
- Negotiate a settlement on your behalf
- Take the fight in front of a judge and jury if we cannot secure fair compensation in negotiations
Our compassionate and experienced attorneys will be by your side every step of the way, and will not stop until you get the full and fair compensation you deserve.
Other injury cases we take on in Clayton, MO include:
- Automobile Injury Attorney
- Motorcycle Accidents Attorney
- Lawyer for Bicycle Accident
- Pedestrian Accident Lawyer
- Injury Claim Lawyer
- Drunk Driving Accident Lawyers
- Auto Crash Attorney
- Truck Crash Lawyers
- Slip and Fall Lawyer
Reach Out to Halvorsen Klote's Clayton, MO Premises Liability Attorneys Now
The idea of going up against a powerful corporation can be daunting to many. But, if they or their policyholder caused you harm, you are entitled to full compensation. We've devoted our careers to helping the average person get the same excellent legal representation as the people who injured them. If you were injured on someone else's property in Clayton, MO, call our premises liability attorneys today at 866-382-4167 or contact us through our website for a complimentary consultation.